Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Spain (Ratification: 1985)

The Committee notes the observations of the General Union of Workers (UGT), received on 22 August 2016, and the Trade Union Confederation of Workers’ Commissions (CCOO), received on 31 August 2016, and the Government’s reply to their observations.

Articles 3 and 9 of the Convention. Measures to apply the Convention in order to create effective equality of opportunity and treatment for men and women workers. In its previous comments, the Committee requested the Government to continue to provide information on the implementation in practice of all the measures adopted to apply the Convention, particularly Basic Act No. 3/2007 on effective equality between men and women and the related agreements. In this respect, the Committee notes that the UGT and the CCOO refer to the adoption of Act No. 3/2012 of 6 July 2012 on urgent measures to reform the labour market, which introduces amendments to the revised text of the Workers’ Charter and which, according to the trade union organizations, signifies a step backwards from the progress that had been made following the adoption of Basic Act No. 3/2007. The UGT and the CCOO refer in particular to: the ending of subsidized contributions for women who return to work within two years following the maternity leave or extended leave, the restriction on the right to a reduction in working time for legal guardianship, the unilateral power of the employer in respect of flexible working arrangements for the reconciliation of work and family life, and the failure to extend paternity leave to four weeks, as envisaged. They also indicate that measures to promote shared responsibilities between men and women have not been adopted.

The Committee notes in this respect the Government’s indication that, while the new Act reduces the subsidy for mothers who have made use of leave or have been on extended leave, it increases assistance to enterprises that hire women who were unemployed. With regard to working time reductions for childcare, which can no longer be accumulated on a weekly or monthly basis, the Government indicates that these measures seek to optimize work–life balance without prejudicing the organization or functioning of the enterprise, but that other types of working time arrangements and measures for the reconciliation of work and family life can be agreed through collective bargaining at the enterprise level. With respect to the postponement of the extension of paternity leave to four weeks, the Government explains that this measure was proposed because such an extension would have a significant impact on the social security budget, but that its entry into force is envisaged for January 2017. The Committee notes that the Act also provides that entitlement to nursing breaks apply not only to women workers, but also to men workers, and that absences owing to family responsibilities will not be counted as absence from work. The Committee further notes that the Government reports the adoption of the Second Plan for Equality in the General Administration of the State and its Public Bodies, as well as the Equal Opportunities Strategic Plan 2014–16, the Comprehensive Family Support Plan 2015–17 and the Plan for the Promotion of Rural Women 2015–18, which include measures to facilitate the reconciliation of work and family life. The Committee requests the Government to continue providing information on the application in practice of Act No. 3/2007 and on the effect in practice of Act No. 3/2012 on the policy to enable men and women workers to reconcile their work and family responsibilities, particularly with respect to the reduction of working time and the extension of paternity leave to four weeks. The Committee also requests the Government to provide information on the specific measures adopted for the application of the Convention under the plans mentioned above and on any collective agreements that contain clauses on reducing working time.

Article 4. Part-time workers. In its previous comments, the Committee requested the Government to indicate whether men or women workers who choose to work part time have the same training opportunities as full-time workers. The Committee notes the Government’s indication that part-time workers have the same rights as full-time workers under the provisions of section 12.4(d) of the Workers’ Charter. The Government also refers to sections 4.2 and 23, which recognize the right of all workers to vocational training. The Committee notes that, according to the CCOO and the UGT, the current regulations have made part-time work much more flexible, which implies that it is no longer voluntary and that workers have to be available for longer periods to the enterprise, which has a negative impact on the reconciliation of work and family life. This especially affects women, who account for 74.19 per cent of part-time workers. The Committee notes the Government’s indication that Royal Decree No. 16/2013 of 20 December on measures to favour stable employment and improve workers’ employability establishes limits on overtime for part-time workers, and that overtime may not be applicable for workers with family responsibilities. The Government adds that part-time work in itself is a way to reconcile family and work responsibilities. The Committee requests the Government to take measures with a view to ensuring that the situation of workers with family responsibilities is taken into account when giving effect to Royal Decree No. 16/2013, which contains provisions on part-time work and overtime. The Committee also requests the Government to provide statistical data on the number of workers with family responsibilities who work full time and part time, disaggregated by sex, including the hours worked.

Article 4(b). Conditions of employment and social security. The Committee notes the adoption of Act No. 27/2011 of 1 August 2011 updating, adjusting and modernizing the social security system, which establishes that the period during which work is interrupted due to the birth of a child or the adoption or care of a child under 6 years of age, as well as the three-year period of extended leave to which men and women workers are entitled for the care of each child or minor in their care, shall be counted as effective periods of contribution for the purposes of social security benefits. The Committee also notes the amendment of the General Social Security Act, through the introduction of a “maternity supplement” for the pensions of women who have given birth to or adopted children, and the adoption of Act No. 25/2015 of 28 July 2015 introducing “second chance” measures, a reduction of costs and other social measures, which amends the Charter for Self-Employed Workers and provides for the coverage of 100 per cent of the contribution for common contingencies for self-employed workers with a view to the reconciliation of work and family life in relation to employment. The Committee nevertheless observes that, according to the UGT, the adoption of anti-crisis and public cost-cutting measures has resulted in a significant reduction of maternity and paternity benefits. The Committee requests the Government to provide information on the impact that anti-crisis and public cost-cutting measures have had on the social benefits granted to workers with family responsibilities, including statistical data, so that it can assess the changes in these benefits over the years.

The Committee is raising other matters in a request addressed directly to the Government.